CHEP Australia Limited

[2021] FWCA 4056

[2021] FWCA 4056

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

CHEP Australia Limited
(AG2021/5959)

CHEP ERSKINE PARK (NSW) SERVICE CENTRE ENTERPRISE AGREEMENT 2021

Storage services
DEPUTY PRESIDENT DEAN	CANBERRA, 12 JULY 2021

Application for approval of the CHEP Erskine Park (NSW) Service Centre Enterprise Agreement 2021.

[1] An application has been made for approval of an enterprise agreement known as the CHEP Erskine Park (NSW) Service Centre Enterprise Agreement 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by CHEP Australia Limited. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval have been met.

[3] I note that clause 22.5 (Notice of termination) of the Agreement is likely to be inconsistent with the National Employment Standards (NES). However, noting clause 8.2 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[4] The United Workers’ Union, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s 54, will operate from 19 July 2021. The nominal expiry date of the Agreement is 15 February 2024.

DEPUTY PRESIDENT

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